Exam 8: Intellectual Property and Internet Law

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.

Ric designs a new computer hard drive, which he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric could obtain patent protection for

Kim uses, on her new recording Let's Go, the guitar solo from Malcolm's digital sound recording without his permission. This is

Patent infringement occurs only if an invention is copied in its entirety.

Trade dress has the same legal protection as trademarks.

Exchanging pirated, copyrighted works with others is not infringement unless money is involved.

The process behind the production of "Numb3rs," a suite of business accounting and inventory software, is protected by

It is possible to copyright an idea.

International copyright protection exists for computer programs as "intellectual creations."

Diamond Financial Planners employs Elle, Diamond's most productive performer. Elle, however, dissatisfied with the commission structure, quits to work for Feldstar Investments, Inc. Elle takes her list of Diamond clients to induce them to switch to Feldstar. Laws related to trade secrets cover

A marketing technique can be a trade secret.

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.

Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase

USA Transport Company uses a mark associated with its name to distinguish its services from those of other transport firms. The mark is

RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided

Canada and the United States are signatories of the Berne Convention. Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug's copyright must be recognized by

Felicia invents a new valve to cap undersea oil spills, which she names "Great Catch." She also writes the installation manual to be included with each valve. Felicia could obtain copyright protection for

Symphony, Inc., a U.S. jewelry designer and maker, files a suit against Kawa, Ltd., a Japanese jewelry maker, for the infringement of intellectual property rights under Japan's national laws. Under the TRIPS agreement, Symphony is entitled to receive

Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of a mark.

Patent protection begins on the date that a patent is issued.